K.V.F. v. State
| Decision Date | 25 January 1991 |
| Docket Number | No. J-90-0064,J-90-0064 |
| Citation | 805 P.2d 106 |
| Parties | K.V.F., an Alleged Delinquent Child, Appellant, v. STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
K.V.F., a juvenile, was certified to stand trial as an adult by the juvenile division of the District Court of Oklahoma County for the offenses of robbery with Firearms, Counts I and II, pursuant to Title 21 O.S. § 801, and Shooting with Intent to Kill, Counts I and II, pursuant to 21 O.S. § 652, in JF-89-1449, JF-89-1450, JF-89-1451 and JF-89-1452 respectively. That certification was based upon findings of prosecutive merit to the crimes charged, and that K.V.F. was not amenable to rehabilitation with the juvenile system. An appeal has been properly perfected to this court. AFFIRMED.
Thomas D. McCormick, Oklahoma City, for appellant.
Robert H. Macy, Dist. Atty., Mary H. Smith, Asst. Dist. Atty., Oklahoma City, for appellee.
Appellant, K.V.F., a sixteen (16) year old juvenile, was certified to stand trial as an adult by the juvenile division of the District Court of Oklahoma County for the offenses of Robbery with Firearms, Counts I and II, pursuant to Title 21 O.S. § 801, and Shooting with Intent to Kill, Counts I and II, pursuant to 21 O.S. § 652, in JF-89-1449, JF-89-1450, JF-89-1451 and JF-89-1452 respectively. That certification was based upon findings of prosecutive merit to the crimes charged, and that K.V.F. was not amenable to rehabilitation within the juvenile system. Further, the record reveals that the prosecutive merit hearing for the juveniles was conducted along with the preliminary hearing for the adult co-defendants. However, the record is void of any reference to a waiver or objection to combining these proceedings. An appeal has been properly perfected to this Court; and upon proper consideration we affirm.
It is well established law that when an individual has been charged as a juvenile and a certification hearing is held to determine whether the child may be tried as an adult, the hearing judge must make two ultimate findings. The judge must determine both that there is prosecutive merit to the charge and that the accused juvenile is not amenable to rehabilitation by the facilities and programs available to the juvenile court. W.D.C. v. State, 799 P.2d 142 (Okl.Cr.1990); D.A.M. v. State, 760 P.2d 842 (Okl.Cr.1988).
Appellant contends that reversible error occurred in both the prosecutive merit hearing and the certification hearing. Although a prosecutive merit hearing is not in and of itself appealable, a determination of prosecutive merit must be made before reaching the issue of the appropriateness of certification. Thus, the order granting certification, which is a final appealable order under 10 O.S.1981, § 1112(e), includes the determination of prosecutive merit. W.D.C. at 143. Any issues involving prosecutive merit can only be reviewed through the appeal of the certification.
The evidence presented during that hearing revealed that in the early morning of July 1, 1989, two employees of the Daily Oklahoman, Fred Woolridge and Benson Nwosu, were in the parking lot located at N.W. 36th and Kelly in Oklahoma City, when they were approached by several young males. According to Mr. Woolridge, two of these young men came up to them and demanded their money. After Mr. Woolridge and Nwosu handed over their money, the young man carrying the .22 caliber automatic rifle opened fire and hit Mr. Nwosu in both legs with two rounds, and Mr. Woolridge in the leg, foot and neck with three rounds, leaving Mr. Woolridge paralyzed from his chest down. Mr. Woolridge was unable to identify the gunman and his companions. However, Mr. Nwosu identified the gunman and further identified some of the other defendants as being present, including the Appellant. The Oklahoma City Police arrived at the scene shortly after the incident and were given a description of the suspects and the car in which they fled. This description was then broadcast over the police radio dispatch, and within minutes of the dispatch the vehicle, with its five occupants, was stopped approximately one mile away from the crime scene.
Appellant contends that there was insufficient evidence to support the trial court's finding of prosecutive merit. First, he alleges that his confession is inadmissible because it was not taken in compliance with 10 O.S.1981, § 1109(A). Second, he asserts that the trial court considered inadmissible evidence when it permitted the admission of statements made by non-testifying co-defendants in violation of the rule in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968).
The purpose of the prosecutive merit hearing is not to determine the guilt of the juvenile, but simply to establish his status for prosecution. At this hearing the State's burden of proof is minimal. We find that Judge Lane accurately concluded in his separate opinion to R.J.D. v. State, 799 P.2d 1122 (Okl.Cr.1990), that it is at this stage in a juvenile proceeding that the State is required to come forward with its evidence to "show that a crime has been committed and that there is a reasonable likelihood that the Appellant committed the offense."
In Peterson v. State, 473 P.2d 293 (Okl.Cr.1970), this Court held that where warnings given defendant prior to her confession clearly conveyed substantive warnings regarding right to counsel, and to remain silent, defendant's confession was admissible even if warnings given did not exactly adhere to the formula suggested in the Miranda decision. The purpose of the statute is to ensure that a juvenile has counsel and the advice of one acting in loco parentis before waiving his rights. R.L.H. v. State, 746 P.2d 1162 (Okl.Cr.1987). The State presented evidence indicating that both the juvenile and his grandmother were advised of their rights pursuant to Miranda. Hence, both parties were given the proper warnings, which included the right to counsel, prior to the juvenile's statement. Therefore, we find Appellant's statement admissible for the purpose of this hearing.
Next Appellant asserts that the admission of the confessions of co-defendants was error. In Brut...
To continue reading
Request your trial
-
Harvey v. Auto Plus of Woodward
...of discretion standard of review to appeals of the certification of juveniles to stand trial as adults. See, e.g., K.V.F. v. State, 1991 OK CR 11, 805 P.2d 106, 108–109;T.C. v. State, 1987 OK CR 151, 740 P.2d 739, 742. The Supreme Court has recognized that 11 O.S. § 44–110(D) requires the d......
-
Duvall v. State
...conflict with an express statute or controlling decision that was not called to the attention of this Court in the briefs. K.V.F. v. State, 805 P.2d 106 (Okl.Cr.1991). In our review of the petition for rehearing, we were unable to find the petition to be based upon any of the foregoing cond......